South Bank University tuition fee debt

[diego_prado]

Hi all,

 

I was studying Business at the University of South Bank in Elephant & Castle London in the year of 2008/09. I ended up finishing the year of but did not want to carry on because i did not enjoy the course. I was playing for the university basketball team at the time as well.

 

In 2009/10 I went out to America just before September trying to get a scholarship for a university out there but it didn't end up happening so I ended up coming back to London but it was too late to enrol onto any course here in London so I started working. Couple of months go by and I get a message from the University demanding half a year of tuition fee. I called up and asked why this was and they said I had enrolled myself onto the same course as the year of 2008/09. I told them I didn't re enrol onto the any course let alone the course I didn't enjoy in my first year and all they said was they would get someone to call me back. No one called me back until recently I receive another letter from the University demanding the money or they would pass me on to a credit agency/solicitors.

 

I don't understand how they got the information that I enrolled myself on to the same course for that year. I went to speak to them two days ago and they said I must of sent a letter back or went on-line and re enrolled. I know for a fact that I did not re enrol and I did not attend any lectures or seminars at the University. When I told them that and also asked them to check for attendance they did and realised I didn't attend any lectures or seminars but said I had swiped my card 6 times to get into the University so they assume I was still there. The reason it was swiped 6 times was because I would get invited back to train with the basketball team and I would go into the sports arena and train with them whenever I didn't have to go into work. I did not once attend any lessons/lectures/seminars.

 

I kept telling the person at the finance department that I had not been at University that year at all to study and I did not re enrol. The person ended up giving me an email address to email and write my appeal for the £1680 the university is asking for.

 

Any advice on this matter would be great.

 

Many thanks

[rebel11]

Hi diego

 

I think you need to write to them, explain all the points you've made and the explanations you've given. Highlight that what they are saying cannot be correct.

Mark the letter a Formal Letter of Complaint.

[diego_prado]

Hi Rebel

 

thanks so much for the advice I will be sending out the email soon.

 

Diego

[Ed999]

Send them a SUBJECT ACCESS REQUEST, asking to be sent a copy of the document/s of enrollment which they allege you signed. This might shut them up, if there are no such documents.

 

 

In general, the problem with regard to course fees appears to be a straightforward contract issue: if there was an offer to provide tuition (at a specified fee per annum), you accepted that offer, and money changed hands, then on the face of it all the elements needed to create a binding contract are satisfied.

 

But if the original contract was for - say - a 2 year course, rather than for a single academic year, then the fees for that course would be due under it. This will depend on the terms and conditioins that you agreed with the educational body in question.

 

If such a contract was validly created by you, all the fees due under that contract would be payable by you whether or not you actually attended the course.

 

 

If there is a written contract, you should certainly obtain advice from a Solicitor about its legal effect; but in a complex matter such as this it would be prudent to consult a Solicitor in any event.

 

A Solicitor could also advise you about other matters, such as the possible effect of the Unfair Terms in Consumer Contracts Regulations 1999, summarised at this link: Unfair Terms in Consumer Contracts Regulations

 

Those regulations provide that a term which has not been individually negotiated in a consumer contract can be unfair (and hence not binding on the consumer) if it causes a significant imbalance in the rights and obligations of the parties, to the detriment of the consumer, i.e. you.